Premise Liability Case: How Liability Is Determined In Slip-and-Fall Accidents

Did you injure yourself significantly in a slip-and-fall accident? Have you lost wages due to the injury and have major medical costs? If so, you may need to contact a lawyer to file a slip-and-fall accident claim against the property insurance company.

This article explains the legal concept of premise liability and how to prove responsibility in a slip-and-fall accident. Lastly, you will learn about the evidence you’ll have to gather for a lawsuit. Ready to find out more? Read on!

Defining the Premise Liability Concept

The legal concept of premise liability entails holding property owners and tenants responsible for someone getting hurt when he or she enters the property. Essentially, property owners have to prevent dangerous scenarios from taking place that may hurt someone on their premises.

The typical premise liability claim relates to negligence on the part of the business owner or homeowner. The typical negligent problems associated with slip-and-fall accidents include snow or ice, wet floors, and broken staircases. 

How to Prove Liability in a Slip-and-Fall Accident

To prove liability in a slip-and-fall accident, you need to show the establishment owner acted negligently when maintaining the property and owed you a duty of care.

Duty of care is proven when you show your right to visit the property. If you’ve gone to a retail shop, you’re a customer with every right to be on the premises. 

Business owners are responsible for keeping customers safe when walking on their property. You’ll need to prove the business owner created a dangerous environment. You will also need to show specific damages and losses due to the injury. 

Did the Property Owner Provide Unsafe Scenarios?

How do you know if a business owner did not keep his or her property safe? One example is the property owner did not put up a sign or a barricade for a cracked sidewalk outside the shop. Also, the shop owner could repair the cracked sidewalk right away to ensure a safe environment.

You will need to prove that the business owner could have prevented the injury and dangerous scenario but failed to do so. 

Did the Property Owner Know About the Unsafe Situation? 

If you want to prove liability, you’ll need to show that the property owner knew about the hazard that led to your injury. At the same time, you’ll need to prove the shop owner could have prevented the dangerous situation that brought on your injury.

Essentially, the property owner should have taken steps to solve the issue and limit a dangerous scenario. 

How Negligence Claims Align With “Reasonable” Acts

The law states that property owners can face negligent claims when they do not act “reasonably” to keep their place of business or residence safe. Essentially, the defendant should have maintained reasonable actions that led to the accident to avoid liability for the injury.

For example, the property owner will need to regularly maintain clean and safe environments. The business manager will also need to regularly clean and fix broken fixtures in the establishment to showcase reasonable procedures for keeping the place safe for its customers.  

What Evidence Do You Need for a Slip-and-Fall Accident Lawsuit?

When you file a slip-and-fall accident lawsuit, you will need to provide specific evidence about your injuries and the accident. The evidence you need includes:

  • The medical treatment records you received after the injury
  • How the property owner failed to keep you safe
  • Documentation about the extent of your injuries
  • The potential for lost wages after the accident
  • The healthcare costs of your injury

Before You Go

If you have faced a slip-and-fall accident and suffered from a major injury, you will need to prove liability on the part of the property owner. You will need to prove that the property owner knew about the hazard and did not prevent the unsafe scenario. By proving liability in your lawsuit, you will get the justice you deserve.